Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew...

Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew Kirkwood, Elizabeth [née Leischman] widow of [another] Duncan Kirkwood, and her children James, Euphemia (Eufame) and Marian. (ff. 92-95): (i) Royal order to [blank], sheriffs in hac parte. It has been shown by Sir Thomas Hamilton of Monkland, crown advocate, and Patrick Bruce of Fingask, son and heir of William Bruce of Fingask, that there has been an omission from a document of 19 July 1594 concerning a suit brought by William Bruce against Sir Robert Bruce of Clackmannan, both parties agreeing to arbitration by Sir James Scott of Balweary and Andrew Wardlaw of Torry, his father-in-law. Since the arbitrators' decision was not originally inserted before the date of expiry of the 'submission', the document is invalid, although Patrick Bruce is informed that the details have now been entered. The arbitrators and Sir Robert Bruce are therefore to be summoned before the lords of council and session on 8 July, and to bring with them the 'submission', together with the 'decreit arbitrall'. [Signed]: James. J. Kynneir [? d]. '18 Febij 1606'. [In different hand]: 'doublit'. Seal. Notarial sign. Edinburgh, 12 June 1605. (ii) Marginal note [in different hand]: Oliphant was absent. The case continues. [Endorsed, in four different hands]: 1. By James Duncan [? sheriff in hac parte]. On 20 June he personally summoned Sir Robert Bruce, and gave him a copy of the summons, leaving another at the house of Andrew Wardlaw. Several witnesses [named] to his actions. Seal. [now fragmentary]. 2. By John Small ['James Duncan' crossed through], sheriff in hac parte. On 22 June he personally summoned Sir James Scott, and gave him a copy of the summons. Several witnesses [named] to his action. Seal. 3. 'William Bosworth'. 4. 'Improvacion. Laird of Fyngask [? contra] Laird of Clakmanerne and [illegible word] pr... summons'. 13 July 1605